Escolar Documentos
Profissional Documentos
Cultura Documentos
FACTS:
the petitioner, Chua Keng Giap insists that he is the son of the deceasedSy Kao and that it was error for the respondent court to reject his claim.
He also says his motion for reconsideration should not have beendenied for tardiness because it was in fact filed on time under theHabaluyas ruling.
This case arose when Chua Keng Giap filed, a petition for thesettlement of the estate of the late Sy Kao in the regional trial court
The private respondent moved to dismiss for lack of a cause of actionand of the petitioner's capacity to file the petition.
The latter, it was claimed, had been declared as not the son of thespouses Chua Bing Guan and Sy Kao, for the settlement of the estate of the late
Chua Bing Guan.
The decision in that case had long become final and executory.
The motion was denied by Judge Jose P. Castro, who held that the caseinvoked decided the paternity and not the maternity of the petitioner.
Holding that this was mere quibbling, the respondent court reversed thetrial judge in a petition for certiorari filed by the private respondent.
The motion for reconsideration was denied for late filing
People vs. Tumimpad [August 19, 1994]Appeal from a decision of the RTC of Oroquieta City
Facts:
Moreno L. Tumimpad and Constable Ruel C. Prieto are charged with thecrime of rape.
Sandra Salcedo 15 years old, had a mind of a five year old child
Four security men were assigned to her father, two of whom are Ruel Prietoand Moreno Tumimpad.
August 7, 1989 Sandra complained of constipation. She was brought toa doctor and was given medication. Her condition did not improved
August 8, 1989 when she saw Tumimpad coming out from the kitchenshe told her mother Mama, patayin mo yan, bastos
Her brought Sandra to the hospital where she found out that Sandra waspregnant.
January 11, 1990 Sandra gave birtb to a baby boy who was namedJacob.
Sandra was able to pick the pictures of Tumimpad and Prieto. During apolice line-up she pointed to the accused.
During trial the accused moved that a blood test, both Major BloodGrouping Test and Pheno Blood Typing be conducted on the offendedparty,
her child Jacob and the two accused. The result of the testconducted by the MMC showed that Jacob has a type O blood, Sandratype B, Prieto type A
and Tumimpad type O.
Trial court convicted Tumimpad but acquitted Prieto. The acquittal of Prietowas on reasonable doubt stating that he has a different type of blood
withthe child Jacob.
Issue: WON it was impossible for Tumimpad to have committed the crime of rapebecause most of the time he and his co-accused were together
with Col. Salcedo.NO
Ratio:
It was proven that they were not always with Col. Salcedo. There wereinstances that they would even play with Sandra. Based on this it is
notphysically impossible for the accused to have access to Sandra.
Tumimpad argued that his conviction was erroneously based on themedical finding that he and the victim have the same blood type O
In Jao vs. Court of Appeals it was held that Paternity Science hasdemonstrated that by the analysis of blood samples of the mother, the childand
the alleged father, it can be established conclusively that the man isnot the father of a particular child. But group blood testing cannot showonly a
possibility that he os.
Benitez-Badua vs. CA
DE APARICIO v. PARAGUYA Appeal from the judgment of CFI Bohol (1987)
FACTS: Trinidad Montilde had a love affair w/ Rev Fr Felipe Lumain, a priest, and in theprocess she conceived. When she was
4 mos pregnant, in order to conceal her disgrace from the public, she decided to marry one Anastacio Mamburao. Fr Lumainhimself
solemnized their marriage in March 1924. However, the couple never livedtogether as H&W. Trinidad gave birth to daughter Consolacion Lumain in
Sept, 192days or 6 mos after the marriage.I n O c t 1 9 3 6 , F r L u m a i n d i e d b u t h e l e f t a l a s t w i l l & t e s t a m e n t w h e r e i n
h e acknowledged Consolacion as his daughter and instituted her as the sole and universal heir of all his property rts & interests. This
was duly probated in CFI andon appela was affirmed by the CA.After reaching age of majority, daughter Consolacion filed an action in CFI
againstone Hipolito Paraguya for the recovery of certain parcels of land she claims to haveinherited from her father, the priest.Hipolito Paraguya
was declared owner of portions A, B, H, F and G and all itsimprovements. The land in question is portion G. Hipolito assails
also thatConsolacion is not a natural child of the late Fr Lumain. TC ruling: Bearing in mind the date of the birth of the plaintiff, it is evident that
hermother Trinidad was still single at the time she was conceived. It is a legalpresumption that plaintiff is the daughter of
the sps Anastacio and Trinidad.
However , this was disputable and Trinidad successfully overcame it.Consolacion is therefore the natural child of Fr Lumain and she is entitled to claimthe disputed
property, she having been instituted in the will as universal heir.
ISSUES and RATIO:WON Consolacion is the natural child of Lumain and if so, WON she is entitled to thepossession of Portion G.SC finds it
unnecessary to determine the paternity of appellee Consolacion. As FrLumain died w/o any compulsory heir, Consolacion is therefore his lawful heir
as dulyinstituted in his will.One who has no compulsory heirs may dispose by will all of his estate or any part of it in favor of any person having
capacity to succeed.Portion G and its improvement declared to be owned by Consolacion. No award of moral damages to be given to Hipolito for
Consolacion was acting in her belief thatshe was legal heir of the land. Judgment affirmed.
Issues:
1.WON Rodolfo may be considered as an acknowledged natural child andthus entitled to successional rights.
NO. CA had negatively resolved this issue on 2 grounds:
oOnly evidence on the matter is his birth certificate, which CA held is not proof of acknowledgment; and
oThere is no showing that Rodolfo's parents could have married each other when he was conceived.
The SC held that only the 1st ground need be resolved.
The birth certificate was disregarded by the CA since the system of civil registryprovided in the old Civil Code (Title XII) was never established in this
country andthus Art. 131 (The acknowledgement of a natural child must be made in the recordof birth, in a will, or in some other public
document) insofar as it referred to acknowledgment in the record of birth, never became effective.
It should be noted, however, that a Civil Registry Law was passed in 1930 (Act No.3753) containing provisions for the registration of
births, including those of illegitimate parentage; and the record of birth under such law, if sufficient in contents for the purpose,
would meet the requisites for voluntary recognition evenunder Art. 131.
Since Rodolfo was born in 1935, after the registry law was enacted, the questionhere really is whether or not his birth certificate, which is merely a
certified copy of the registry record, may be relied upon as sufficient proof of his having been voluntarily recognized.
The SC held that no such reliance may be placed upon it. While it contains the names of both parents, there is no showing that they
signed the original, let aloneswore to its contents as required in Sec. 5 of Act No. 3753.
For all that might have happened, it was not even they or either of them whofurnished the data to be entered in the civil
register. Petitioners say that in any event the birth certificate is in the nature of a public document wherein voluntaryrecognition of a natural
child may also be made, according to the same Article 131.True enough, but in such a case there must be a clear statement in the documentthat the
parent recognizes the child as his or her own (Madridejo vs. De Leon, 55Phil. 1); and in the birth certificate no such statement appears.
The claim of voluntary recognition is without basis.
2.WON they may claim ownership by adverse possession for more than10 years
NO, in view of the factual findings by CA that their poss ession of the disputedproperty was by tolerance on the part of Paciano and
consequently was not adverse,at least prior to the sale to Mella in 1948. Thereafter only 7years had elapsed whencomplaint for recovery of
possession was filed against them.
Held: judgment appealed from is affirmed
UNIVERSITY OF ST. LA SALLE
BACOLOD CITY
Statutory Construction
Fiscal. Ma. Theresa B. Ditching
In lieu of your Saturday class on September 28, 2013, you are required to submit a research work on the topic coverage for the end term.
Instruction: This Research Work must be supported with reasons using the applicable statutory rules, principles and law governing the case.
1. Discuss the principle of VERBA LEGIS, RATIO LEGIS and MENS LEGISLATORES. State a brief digest of latest cases applying the
aforementioned principles and that which distinguishes each from the others. (note: do not give as illustrative examples the cases given to
you earlier for study)
2 How are Election Laws construed? Give a case digest of the latest Supreme Court Ruling applying the general rule and another showing the
exception.
3. State the principle of the following Latin Maxims and give a case digest of latest supreme curt ruling on how they can be made applicable
in a given case. Also cite the exception , if any:
a. Ejusdem Generis
b. Expressio Unios Est Exclusio Alterius
c. Casus Omissus pro omisso habendus est
d. Noscitur A Sociis
e. Reddendo singula singulis
f. Stare decisis et non quieta movere
10. Are implied repeals favored? Why or why not. Give at least 5 principles on repeals.
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